Is a short-term rental legal in Philadelphia, PA?
Philadelphia splits short-term rentals (any stay of 30 consecutive days or less) into two tracks under Bill No.
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Philadelphia does not require primary residence for all STRs -- it requires it only for the 'Limited Lodging' track (Phila. Code §14-604(13)); non-primary-residence whole-home STR is legal as 'Visitor Accommodations' but only in zoning districts that permit the commercial 'hotel' use by right (CMX-3/4/5, CA-1/2, RMX-1/2), which excludes most of the city's residential rowhome blocks -- elsewhere it requires a discretionary ZBA variance, hence 'conditional' rather than a flat yes/no. The 3-occupant cap (owner + lodgers, unrelated by blood/marriage/adoption/Life Partner status) is a Limited Lodging-specific standard under §14-604(13)(b)(.1); Visitor Accommodations occupancy is instead governed by building/fire code occupancy classification (e.g. R-1) rather than a single numeric guest cap, so no verified single figure applies to that track. The 30-consecutive-day threshold defines 'short-term rental' for both zoning tracks and for both the city Hotel Tax and PA Hotel Occupancy Tax.
What you need to operate
The full picture
Philadelphia splits short-term rentals (any stay of 30 consecutive days or less) into two tracks under Bill No. 210081 (2021), codified at Phila. Code §14-604(13) and §9-3909: 'Limited Lodging' is a homeowner or long-term renter offering their own primary residence (capped at 3 unrelated occupants including the host, guests only 8am-midnight, no separate street-facing entrance) under a $150/year Limited Lodging Operator License; 'Visitor Accommodations' is any non-primary-residence whole-home rental, which is a commercial 'hotel' use permitted by-right only in specific commercial/mixed-use zoning districts (CMX-3, CMX-4, CMX-5, CA-1, CA-2, RMX-1, RMX-2) and requires a Rental License with a hotel designation ($69/unit/year) plus a zoning permit -- in the ordinary residential rowhome districts that make up most of the city, an investor buying a whole home purely to run it as an unhosted STR needs a Zoning Board of Adjustment variance, which is discretionary and not guaranteed. Both tracks also require a free Commercial Activity License, an L&I inspection, and (for Limited Lodging) lead-safety certification; a zoning permit must be obtained before the operating license can be issued. Guests pay a combined 15.5% tax on every booking: 8.5% City Hotel Tax (Phila. Code Ch. 19-2400) plus 7% Pennsylvania Hotel Occupancy Tax (6% state + 1% Philadelphia County local add-on); Airbnb collects and remits both automatically, but hosts using other channels must register and file themselves. Enforcement has ramped up since 2023: booking agents (Airbnb, Vrbo, etc.) must hold their own Limited Lodging and Hotels Booking Agent License and must delist any property the City flags as unlicensed within 5 business days (Phila. Code §9-3910); a June 2026 City Controller review found roughly a third of STR-linked licenses citywide were inactive, expired, or ineligible. A Mayoral proposal to raise the combined tax to 21.5% for five years (part of the FY27 budget) was rejected by City Council in June 2026, so the 15.5% rate remains current as of this writing.
Taxes on guests & hosts
| Tax | Rate | Applies to | Platform collects | Official source |
|---|---|---|---|---|
| Philadelphia Hotel Tax (Hotel Room Rental Tax) | 8.5% | Rental of any room/unit for accommodation, including private homes, for stays of 30 consecutive days or less (31+ day stays are exempt) | Yes | source |
| Pennsylvania Hotel Occupancy Tax (state + Philadelphia County local add-on) | 7% combined (6% state hotel occupancy tax + 1% Philadelphia County local hotel occupancy tax on the same base) | Rental of rooms/apartments/houses, including via online/third-party brokers, for stays of less than 30 days to the same person | Yes | source |
Enforcement
What we could not verify (5)
- The exact dollar fee for the Zoning Permit application itself (as distinct from the Limited Lodging Operator License or Rental License fees, which are confirmed) could not be verified against the City's official 'Summary of zoning permit fees – 2025' PDF this session; a third-party source cites roughly $25 (1-2 family dwellings) or $100 (other buildings) plus $174 to issue, but this was not independently confirmed against the official fee schedule.
- A recurring claim on several STR-vendor blogs (e.g. steadily.com) states Philadelphia's zoning code for short-term rentals changed 'effective December 2, 2025 through early 2026.' This could not be corroborated against phila.gov, phila.legistar.com, or a Philadelphia zoning-law firm's own 2025 mid-year legislative review (which lists no STR/limited-lodging/visitor-accommodations bills among the zoning changes passed in 2025). Treat this claim as unverified; it is not reflected in this profile.
- Press coverage from 2023 (e.g. Billy Penn) describes an escalating L&I fine structure of $300/day (Class 1), $1,000/day (Class 2), and $2,000/day (Class 3) for short-term-rental-related violations. The only fine structure this session could verify against an official source is the flat Title 9 general penalty in Phila. Code §9-105 ($150-$300 per violation, escalating fines/imprisonment only for a separate 'Repeat Violation' offense), read via a 2021-09-20 Wayback Machine capture because the live amlegal.com page is bot-walled and no more recent capture was available. The daily/class-based figure could not be confirmed and may reflect a different, more general Property Maintenance Code (Title 4) fine schedule rather than the Title 9 licensing penalty specific to Limited Lodging/Visitor Accommodations.
- Whether Airbnb (or other platforms) separately collects and remits the 1-percentage-point Philadelphia County local add-on to the PA Hotel Occupancy Tax, versus only the base 6% state rate, could not be confirmed from an official source; pa.gov describes the county add-on as part of the same 7% remittance base but does not explicitly confirm platform-level collection of that specific 1 percentage point.
- No official numeric 'max guests' figure could be found for the Visitor Accommodations (non-primary-residence, whole-home) track; that use type appears to be governed by building/fire code occupancy classification (e.g. R-1 occupancy) rather than a single stated cap. The max_guests value of 3 recorded in this profile applies only to the Limited Lodging (primary-residence) track under Phila. Code §14-604(13)(b)(.1).
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Sources
- Get a Limited Lodging Operator License — City of Philadelphia (fee, eligibility, inspection, renewal)
- FAQ: Can I rent my unit as a short-term rental/limited lodging using services like Airbnb, VRBO, HomeAway, etc.? (PZ_003_FAQ, Rev. 9.2025) — Philadelphia Dept. of Licenses and Inspections
- Rent your property (short-term) — City of Philadelphia
- Hotel Tax — City of Philadelphia (rate, filing, platform collection)
- Home-sharing/Third-party Broker Rentals — PA Department of Revenue
- Sales, Use and Hotel Occupancy Tax — PA Department of Revenue (6% state rate, Philadelphia/Allegheny County 1% local hotel-tax add-on)
- Hotel Occupancy Tax - Booking Agents — PA Department of Revenue (confirms 6%+1% Philadelphia County combined rate, distinct from City's own hotel excise tax)
- Updated guidance on required zoning permits and licenses for Philadelphia short-term rentals and hosts — Dept. of Commerce, City of Philadelphia (2022-07-21)
- Get a Rental License — City of Philadelphia ($69/unit fee, hotel designation)
- Get a Limited Lodging and Hotels Booking Agent License — City of Philadelphia ($7,000 initial / $5,000 renewal)
- Get a Commercial Activity License — City of Philadelphia (free, prerequisite license)
- Philadelphia Code §14-604(13) 'Limited Lodging' (zoning standards: 30-day cap, primary-resident definition, 3-occupant cap, accessory-use standards) — American Legal Publishing code library, verified via Wayback Machine capture dated 2025-11-15 (live amlegal.com page returns HTTP 403 bot-wall)
- Philadelphia Code §9-3909 'Limited Lodging Operator License' (license requirements, Tenth Councilmanic District owner-only rule) — American Legal Publishing code library, verified via Wayback Machine capture dated 2025-05-16 (live page bot-walled)
- Philadelphia Code §9-3902 'Rental Licenses' (general rental-license requirement; exempts Limited Lodging-licensed units) — American Legal Publishing code library, verified via Wayback Machine capture dated 2025-08-10 (live page bot-walled)
- Philadelphia Code §9-3910 'Limited Lodging and Hotels Booking Agent Licenses' (booking-agent license, 5-business-day delisting requirement) — American Legal Publishing code library, verified via Wayback Machine capture dated 2025-06-25 (live page bot-walled)
- Philadelphia Code §9-105 'Penalties' (Title 9 general fine structure, $150-$300 per violation, Repeat Violation offense) — American Legal Publishing code library, verified via Wayback Machine capture dated 2021-09-20 (live page bot-walled; no more recent capture found — see needs_review)
- Short-Term Rentals in Philadelphia: Compliance, Licensing, and Enforcement — Office of the City Controller, City of Philadelphia
- Parker Administration Announces Tentative Agreement on Revised Hotel and Short-Term Rental Tax Proposal as Part of FY27 One Philly, One Future Budget — Dept. of Commerce, City of Philadelphia (2026-05-27)
- City Council approves 2027 budget without Mayor Parker's proposed rideshare and Airbnb taxes — PhillyVoice (confirms the proposed 21.5% combined STR tax rate was rejected in the FY27 budget passed June 2026)
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STRWatch publishes educational information about short-term rental regulation, verified against the official sources linked above as of the date shown. It is not legal advice, and rules change — a city can move between our verification passes. For decisions with money at stake, confirm with the authority linked above or a local attorney.